Aggressive Defense Against Boating OWI Charges in Iowa
Navigating the legal waters of boating under the influence (BUI) charges in Des Moines requires the expertise of seasoned professionals who understand Iowa's unique laws and regulations. At Clark & Sears Law, we specialize in providing effective legal representation for individuals facing boating OWI charges. Our experienced team is committed to safeguarding your rights and helping you navigate the complexities of the legal process.
Call Clark & Sears Law today at (515) 200-2787 or contact us online to schedule a meeting with our boating OWI attorney in Des Moines!
Iowa's Boating OWI Laws
Iowa's Boating While Intoxicated laws are similar to Iowa's OWI drunk driving laws. If you've been charged with Boating OWI (operating a motorboat or a sailboat while under the influence of drugs or alcohol), you're facing many of the same consequences that you'd be facing for vehicular OWI.
You have a right not to be convicted of drunk boating (or any crime) unless the State can prove beyond a reasonable doubt that you satisfied all elements of the offense.
The elements of the offense of boating under the influence are:
That you operated a motorboat or a sailboat
On Iowa's navigable waters
While you:
Were under the influence of alcohol OR
While you were under the influence of drugs OR
While you had a BAC of .08 or higher.
Your Boating DUI defense lawyer will research any available options to get evidence suppressed in your case and help guide a jury toward any reasonable doubt.
Boating OWI Penalties in Iowa
Deferred Judgment: Same as with OWIs
Boating DUI and Driver's License: You won't lose your driver's license if convicted of Boating While Intoxicated.
Test Refusals: If you refuse to submit to a chemical test (DataMaster or blood/urine test), the Court will prohibit you from driving a boat for a year. You will be charged a "civil penalty" of $500 for refusing a chemical test on a first-offense charge, $1000 on a second-offense charge, and $2000 on a third-offense charge.
First Offense Boating DUI
The first offense of drunk boating is a serious misdemeanor. Whether your first OWI is a boating OWI or a drunk driving incident, if you are convicted, you will face a mandatory minimum of 48 hours in jail after your first. That 48-hour minimum can NOT be suspended.
The court cannot give you less than 48 hours in jail, but they can give you more -- you could be sentenced to jail for up to a year.
You will be fined $1000 plus surcharges. The Court may waive up to half the fine or assign you to complete community service hours.
You will be barred from driving a motorboat or sailboat for a year.
You will have to complete a substance abuse evaluation. If the evaluator recommends treatment, you will have to complete that treatment.
Second Offense Boating DUI
The second offense of drunk boating is an aggravated misdemeanor. Whether your second OWI is a boating OWI or a drunk driving incident, if you are convicted, you will face a mandatory minimum of 7 days in jail after your first. That seven-day minimum can NOT be suspended.
The court cannot give you less than seven days in jail, but they can give you more -- you could be sentenced to jail for up to two years.
You will be fined $1500 - $5000 plus surcharges.
You will be barred from driving a motorboat or sailboat for two years.
You will have to complete a substance abuse evaluation. If the evaluator recommends treatment, you will have to complete that treatment.
Third Offense Boating DUI
The third offense of drunk boating is an aggravated misdemeanor. Whether your third OWI is a boating OWI or a drunk driving incident, if you are convicted, you will face a mandatory minimum of 30 days in jail after your first. That 30-day minimum can NOT be suspended.
The court cannot give you less than 30 days in jail, but they can give you more -- you could be sentenced to up to five years in prison.
You will be fined $2500 - $7500 plus surcharges.
You will be barred from driving a motorboat or sailboat for six years.
You will have to complete a substance abuse evaluation. If the evaluator recommends treatment, you will have to complete that treatment.
Defenses Against Boating OWI Charges
Successfully challenging boating OWI charges requires a thorough understanding of the law and experience in crafting effective defense strategies. At Clark & Sears Law, we explore various defenses to protect your rights:
Field Sobriety Tests: We examine the validity of field sobriety tests, highlighting factors that may have influenced inaccurate results.
Chemical Test Accuracy: We scrutinize the procedures followed during chemical testing to identify any irregularities that may impact the accuracy of the results.
Probable Cause: We assess whether law enforcement had probable cause to stop and detain you for suspicion of boating under the influence.
Miranda Rights Violations: We use this as a potential defense strategy if your Miranda rights were violated during the arrest process.
Rising Blood Alcohol Defense: We explore the possibility that your blood alcohol level rose between the time of operating the boat and when the chemical test was administered.
Contact Our Des Moines Boating OWI Attorney Today
Boating under the influence charges in Des Moines demands the attention of a legal team that understands the intricacies of Iowa's laws. Clark & Sears Law is committed to effectively representing individuals facing boating OWI charges. With our experience, we work tirelessly to achieve the best possible outcome for our clients. If you're confronting boating OWI charges, contact us today to ensure your rights are safeguarded throughout the legal process.
